The Palmer Trinity School zoning hearing affects the people who live in Palmetto Bay and in Cutler Bay, as well. The requested increase in students (from 600 to 1150 or 1400) plus staff, massive new buildings and the 17 sports different venues are bound to change the lives of many thousands of residents. There will be a hearing, May 4th - 7:00 PM at Christ Fellowship Church, 8900 SW 168th Street.
The effect of the 3rd District’s court ruling combined with the precedence set by this zoning hearing could have far reaching impacts state-wide and could very well dilute any success gained by the Hometown Democracy Amendment 4 should it win. In the end, we all could lose.
After a bizarre court ruling which sets a nasty precedent not only for the Village of Palmetto Bay but the whole state as well, the hearings revisited the issue Thursday, April 29th. The dismal outcome of the hearing dumped the agricultural zoning on the 33 acre mango grove which opens the door for Palmer to run rough-shod over the community with its sports complex that is more suited for the Summer Olympics than a school nested in a residential district.
This is not a NIMBY issue. This is an issue that begs the question of a landowner’s desire for a higher, more valuable use than the zoning that sits on the property verses the very measurable impact on not just a few homeowners, but the impact on two incorporated areas. The higher use IS NOT something guaranteed by law; property comes with the zoning that was on it when one purchases it. Government cannot easily downgrade a parcel’s value without a “taking”, but it does not have to up-grade the zoning either to the benefit of the landowner.
The history of the school has been one of steady growth:
Starting back in 1961 – County approved school use and facilities at 7900 SW 176 Street.
1979 – County approved the request to expand the school and permit outdoor table dining area for students, bringing the school closer to its property line.
1985 – County approved a classroom building and additional parking
1988 – County approved a two-story library/administration/classroom structure, the continued use of the undersized 19 foot wide driveway where 22 feet is required, and 200 additional students for a total of 600 students
1991 – Palmer and Trinity merged, two schools struggling to survive
1999 – Community Council #13 approved a science building, library expansion, chapel, media center, locker room expansion, café expansion, band room, pool house, field house, new kitchen addition for a total of 61,261 square feet.
Neighbors voiced their concerns about the noise from the athletic fields and the traffic. At this time Palmer had approximately 485 students. At this time, Palmer-Trinity promised they would never ask for more than the 600 maximum they were given in 1988 – this was mentioned over 60 times in the transcript from the hearing.
In the end, after all the construction, women cannot use their backyard pools without catcalls from the students. Western neighbors look up to see almost 35 foot high buildings hovering over their backyards and roof tops. The eastern neighbors get to tolerate traffic fumes, early morning school bells, and security lights, while the community to the north gets the traffic tie-ups and the teen drivers.
2003 – Palmer Trinity acquired the 33 acre mango grove for 4.7 million
2005 – 2008 The school presented the proposed plan to the neighborhood. The political games began. The school has more than the 600 students permitted. Neighbors see numerous examples of non-compliance with the 1999 zoning hearing.
2009 – The issue goes to public hearing. Palmetto Bay residents come out on the better side of the issue. The bullying against the activists and Village leaders begins in earnest. Intimidation tactics get out of control. Attorney Stan Price and deep pocketed school clients step in to slap lawsuits everywhere they can think of. The fall election results in the Village residents voting in new laws requiring certain protections for residents against unchecked growth. The Appeals Court bounced Village out of court with a nonsensical, but devastating response that tramples local government’s right to determine what zoning is in the best interest of its residents.
2010 – April 29th, the first of two hearings. The Village Council, with apologies and no defiance to the court, votes to give the school the pathway to the Olympic village. Mayor Flinn read aloud the damning opinion from the court. The lack of appeals and meek acceptance of the court ruling by the Village attorney makes residents uneasy and wary of the way the political wind is blowing.
This Tuesday, the final hearing is scheduled. Ironically, the Village of Palmetto Bay has no venue large enough to hold this hearing, other than a church that fought for an expanded school and lost. While they are waiting in the wings for the opportunity to come back for their coveted high school, this church has quietly been buying the community property in the neighborhood. They are simply watching and waiting.
If you go:
May 4th - 7:00 PM
Christ Fellowship Church
8900 SW 168th Street
Palmetto Bay
11 comments:
It would probably be more enlightening if you explained the court ruling. What did they say exactly and how does that set a precedent? Just saying that the "appeals court bounced vilalge out of court with nonsensical, but devastating response" tells us nothing of value.
Anon #1, here is a summary of the court case: the court was 100% right from both a legal and policy ("activist") perspective.
Hmmm. I guess we need to know more on this issue.
As a someone who has participated in many zoning hearings, I think it should be noted that the true expert witnesses are those who live in the community. This community seems to be overwhelmed by non-local experts and other not-so-experts.
This community (which includes Cutler Bay, too) needs tangible relief from the incredible imposition of a massive business in a community of homes.
Homeowners should not be required to defend their privacy, accessibility and quiet enjoyment of their homes. That is the function of local government to prevent disruption of their city.
The Court has failed the people due to the court's not upholding those functions. One can not help but wonder what money and political influence plays in this ruling?
It is not the job of the court to "protect rights" that do not exist under current law, but to apply the law to specific facts. If you don't like the outcome of the case, work to change the law, i.e. learn how the world really works instead of living in your dream-world and bitching when things don't go exactly your way. If living NOT near a big school was so important to you, you should have spent an hour with a land use attorney before you bought your house; 100 out of 100 land use attorneys could have told you exactly how that case was going to be decided.
Last anon, I think you misunderstand the issues here. The homes were there when the school was small, it had two zoning changes, and after that, bought the Ag land next to it, which is the issue, this was after the community was well settled in to their homes. This is not some new development but long time residents who didn't expect the kind of expansion they're asking for.
The courts allowed the zoning by right on the purchased land, but not the special uses the school wants. That, the City council can and should stop in Palmetto Bay.
The residents did change the zoning laws too, but the school fought those changes, hence the DCA decided the new law came after the change.
I am educated enough to understand zoning law. I can read. I didn't go to a private school and I still made it to an University.
The Cutler Bay and Palmetto Bay area community was in place for 30 - 40 years longer than those mega plans for Palmer Trinity have been on the table. Give us a break, our crystal ball was in the warehouse back when this area was platted.
I checked the zoning BEFORE buying this house some 25 years ago. I knew where the section and half section line roads were. And yes, I expected to have houses on that 33 acre grove that would be compatible with the EUM around it. (wasn't that the appropriate trending of Ag land west of the highway?)
So don't chastise folks about not doing their homework. What the Palmer Board of Directors wants dumped is the residential trending and the community compatibility requirements.
Which in my book, is positively evil since most of them do not live around here. I would venture to guess if they have students in the school they will be long gone when the rest of us live out our retirement (and our lives)dealing with the commercial aftermath of their greed.
It is a real shame that the Episcopalian Church allows degradation of multiple communities to benefit it's own agenda. Indeed, they have forgotten how to "walk the walk" that they preach about. Palmer Trinity needs to find the mission field that is 10 feet off their property line.
Why is it that the communities voice falls on deaf ears? The residents of Palmetto Bay and Cutler Bay have spoken and the answer is "NO". The Village Council must do what the majority of the people want and not what an individual desires. Palmer's recent mailing that list their concessions to change is a farce. The variances will be forth coming, you can bet on it. Change the laws, break ground, enrich the right people and bingo, those soothing early on concessions will be back with a vengeance. Another example of big money trampling the little man.
In support of its position, the Village relies on findings that "the rezoning, if approved" would permit the physical expansion of the school, that the change based on the "site specific development" is not consistent with the comprehensive plan or future land map, and that Palmer's traffic studies failed to establish that the "site specific" application is compatible and within the proper level of service and would not negatively impact the community.[ 3 ] The Village, however, expressly stated that the school's expansion request was not at issue at the hearing, and that the Village did not consider the school's special exception or variance requests.[ 4 ] In effect, the Village denied the rezoning request, and implicitly denied the special exception, because it did not wish Palmer Trinity to use the property to expand its school within the parameters of the less restricted EU-M zoning classification.
the village chose Christ Fellowship Church, not Palmer
please get your facts right
This Tuesday, the final hearing is scheduled. Ironically, the Village of Palmetto Bay has no venue large enough to hold this hearing, other than a church that fought for an expanded school and lost.
I think that says that the Village had no venue large enough.
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